Back when Denice Halicki sued Shelby for building recreated version of the Eleanor car, the Shelby trust also sued back. Of course, anything in the US justice system takes an eternity to finish, but ultimately, the U.S. District Court for the Central District of California ruled in favor of Shelby, claiming that none of the "Eleanor" named cars in any of Halicki's movies deserve character copyright protection.
According to the court, Halicki and her lawyers' representation of the cars in the movies was "an embellishment, to say the least." In the court's 41-page opinion, it said Halicki tried to "assign anthropomorphic characteristics" to the cars' character, such as "strength, talent, endurance, and a tendency to always save her leading man."
In simple terms, they tried to traits such as "strength" as a characteristic for the Eleanor car and name, both of which are inanimate and can't have those types of traits or characteristics. Those are traits of living things and more specifically, often viewed as human characteristics.
It's a big win for the Shelby Trust, whose licensees are now safe to build cars however they want without having to worry about a lawsuit from Halicki.
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18 дек 2022
